Common use of Without restricting Xxxxxx Clause in Contracts

Without restricting Xxxxxx. discretion under clauses 6.1 and 6.2, Xxxxxx may take into account, amongst others, the following factors when determining the amount to be secured in a Reserve: 6.3.1. the risk of the Merchant ceasing or transferring its business or a substantial part thereof; 6.3.2. the risk of the Merchant materially altering the nature of its business; 6.3.3. If the Merchant’s business activities carry a higher than normal risk of chargebacks or other reversals of customer payments; 6.3.4. the Merchant’s overall financial standing; 6.3.5. the risk of the Merchant becoming insolvent or otherwise unable to pay debts as they fall due; 6.3.6. where Xxxxxx receives a disproportionate number of customer complaints, chargebacks or other payment reversals, fines, penalties or other liability related to the Merchant Account; or 6.3.7. where Xxxxxx reasonably believes that the Merchant will not be able to perform its obligations under this Agreement.